Format for a Stage Two Dispute Hearing

1. Introduction

1.1 The stage 2 hearing manager will make introductions and outline the process to be followed to ensure that everyone present understands what is going to happen.

1.2 The stage 2 hearing manager will be advised by a member of HR.

2. Presentation of the Trade Union’s case

2.1 The Trade Union presents their case, referring to any relevant documents and calling any witnesses as appropriate.

2.2 The stage one hearing manager and their HR advisor may question the employee or any of the witnesses on their evidence.

2.3 The stage 2 hearing manager may also question any person present.

2.4 Each witness will join the hearing to give evidence and leave after doing so, although they may be recalled at any time if necessary.

3. Presentation of the employer’s case

3.1 The stage one hearing manager will present their case highlighting key points, referring to any relevant documents and calling any witnesses as appropriate.

3.2 The Trade Union may question the manager or any witnesses on their evidence.

3.3 The stage 2 hearing manager or the HR Advisor may also question any person present.

3.4 Each witness will join the hearing to give evidence and leave after doing so,

although they may be recalled at any time if necessary.

4. Summing up

4.1 The Trade Union summarises the main points of their case.

4.2 The stage one hearing manager summarises the main points of their case.

4.3 At this stage no new evidence may be introduced.

4.4 The hearing is then adjourned and both parties leave the meeting.

5. The decision

5.1 The hearing manager will consider whether, on the balance of probability,

the trade union’s case was proven in full, in part or not at all.

5.2 The hearing manager should take into account any mitigating circumstances and if

further clarification or information is required in order to reach a decision, all

parties will be recalled and/or the hearing adjourned until the information is

provided.

5.3 The hearing manager may seek advice from legal and will be advised by their HR Advisor.

5.4 Once the hearing manager has reached a decision, all parties will be recalled to the hearing and the stage 2 hearing manager will notify both parties of this. Should this not be possible the decision will be confirmed in writing within 7 days of the hearing.